Unfair Competition & Class Actions

DOJ Investigating Google Maps, Plans Third Antitrust Lawsuit Against the Company, Reports Say
According to multiple news reports, the Department of Justice has revived its antitrust investigation against Alphabet Inc. and Google LLC over their Google Maps service…

Sanofi Announces $2.9 Billion Acquisition of BioPharma Diabetes Drug Maker
Paris-based Sanofi S.A. announced a definitive agreement to pay $2.9 billion for diabetes drug manufacturer Provention Bio, Inc., a U.S.-based, biopharmaceutical company focused on intercepting…

Judge Approves $75 Million Settlement of Generic Drug Antitrust Class Action
U.S. Judge Cynthia M. Rufe of the Eastern District of Pennsylvania has approved a settlement in an antitrust class action brought by direct pharmaceutical purchasers…

Pricing Inflate-Gate: DirecTV NFL Sunday Ticket Holders Score Class Certification
Judge: Case “vividly points to the need for class treatment.” Football fans have secured class certification of their lawsuit claiming that they were charged inflated…

“I Knew You Were Trouble.” Taylor Swift Ticket Fiasco Cranks Up Ticketmaster Criticism
Live Nation-Ticketmaster Dominance: “This is Why We Can’t Have Nice Things” Photo by Hanny Naibaho on Unsplash [Editor’s Note: Quoted phrases are titles of Taylor…

German Economist Sues OPEC as Illegal Cartel
Berlin-based professor of law and economics, Armin Steinbach, filed a lawsuit against OPEC in early November, accusing the organization of being an illegal cartel that…

EssilorLuxottica Fined $81.2 Million in France for Anti-Competitive Practices
If you are an eyewear customer there is a very good chance you’re also at least an indirect customer of this company. Eyewear giant EssilorLuxottica…

EU Commission Investigating Teva for Allegedly Interfering with Medication Research
Pharmaceutical company Teva is under investigation by the European Commission over their competition practices, which the commission says interferes with medication research. Teva held a…

CISPE.cloud Files Licensing Complaint Against Microsoft
In November of 2022, Cloud Infrastructure Service Providers in Europe (CISPE) announced it was filing a formal complaint against Microsoft with the European Commission’s Directorate-General…

Antitrust Fines Against Apple and Amazon Scrapped in Italy
At the start of October, an Italian administrative court ruled that Apple and Amazon no longer have to pay a $225 million fine levied by…

EC Investigates Microsoft’s Activision Blizzard Acquisition
The European Commission is putting the Microsoft and Activision Blizzard merger on hold as they investigate whether the deal will reduce competition among PC gaming…

Leaked: EU to Charge Meta/Facebook Over Secret Agreement with Google
While the European Commission announced back in March that they would investigate Facebook, sources have leaked that it is ready to announce formal charges, according…

France Fines Apple $1.2 Billion for ‘Running a Cartel’
French competition authority, Autorité de la Concurrence, fined Apple a record $1.2 billion after their investigation found that Apple and its wholesale partners, Ingram Micro…

Pfizer Completes $5.4 Billion Acquisition of Sickle Cell Disease Drug Innovator
Pfizer Inc. has acquired Global Blood Therapeutics, Inc. (GBT), a biopharmaceutical company whose leading product inhibits harmful medical conditions that lead to the relatively rare…

Amazon’s iRobot Acquisition Faces Shareholder and Consumer Resistance as FTC Investigates
iRobot Corp. shareholders approved Amazon.com, Inc.’s $1.7 billion purchase of the Roomba maker on Oct. 17, while a pre-trial conference in a suit brought by…

FTC, States Sue Pesticide Makers Over Exclusionary Schemes to Block Generics
Syngenta and Corteva used “loyalty programs” to cut off competition and inflate prices paid by farmers and consumers, suit says. The Federal Trade Commission and…

Adobe / Figma Merger Raises Antitrust Concerns
Would the deal usher in a new era of collaborative creativity or just a more powerful monopoly? Tech industry observers disagree on the potential impact…

Courts Reject Two DOJ Merger Challenges as Another is On Trial
A brief setback for Biden’s war on anticompetitive deals? The number of mergers globally in 2021, according to PwC, was the biggest on record with…

FTC Chair Touts Vigorous Antitrust Enforcement Despite Anemic Funding
Trump appointees say things were better during his term. Federal Trade Commission Chair Lina M. Khan testified this week that despite being strapped for resources…

Google Alert: Antitrust Suits Coming Soon
Google awaits service in three countries over digital ad conduct. One of the first victims of the rapid tectonic shift in how the world consumes…

Amazon Abusing Dominance to Maintain Dominance, California AG Files Anticompetition Suit
Amazon dodges price competition with other e-commerce sites by forcing merchants into agreements that penalize them if their prices beat Amazon’s. That’s the crux of…

FTC Sues to Block Meta from Acquiring Leading VR Developer
FTC Accuses Meta of Trying to Further Dominate Virtual Reality Ecosystem via Acquisition. The Federal Trade Commission (FTC) filed suit against Meta Platforms, Inc. (fka…

Google Must Defend Inform Advertising Antitrust Case After All
Eleventh Circuit disagrees that the complaint was an inadequate “shotgun pleading” against Google, YouTube and Alphabet. Handing Google LLC a reversal of fortune, the Eleventh…

Will Big Book Merger Go Through? It Will Soon Be Up to the Judge.
The fate of the $2.2 billion Penguin Random House (PRH) / Simon & Schuster (S&S) merger remains with U.S. District Judge Florence Pan who presided…

Federal Court Approves $2.67B Settlement of Antitrust Suit Against Blue Cross
U.S. District Judge R. David Proctor of Alabama has approved the settlement of antitrust litigation brought against Blue Cross Blue Shield Association by large employers…

Partner Jennifer Oliver Quoted in Daily Journal’s Coverage of FTC’s Lawsuit Challenging Meta’s Acquisition of Within Limited
The Federal Trade Commission’s lawsuit seeks an injunction against Meta Platforms Inc.’s acquisition of Within Limited. Their effort is to challenge Meta’s actions to dominate…

Credit Card Issuers File Antitrust Suit Against Apple for Exclusionary Conduct in Mobile Tap-and-Pay Market
Apple Operating an Illegal Monopoloy in Tap-and-Pay Market, Suit Says The convenience of the tap-and-pay mobile wallet model is a feature consumers increasingly enjoy for…

NYT’s Lead Economics Writer: Biden Needs Pro-Antitrust Economics Judges
At the end of April 2022, announcing President Joseph Biden’s latest round of federal judicial nominations, the White House hailed the nominees not only as…

Partner Jonathanan Rubin quoted in Bloomberg’s continued coverage of the Tuna Case
As tuna customers continue the fight against major tuna companies, Partner Jonathan Rubin weighs in on the potential effects the case may have on future…

MoginRubin LLP Listed As One of the Top Antitrust Firms in the Country
MoginRubin LLP is proud to announce that it continues to be one of the top antitrust law firms in the country, and is among the…
App Developer’s Antitrust Case Against Apple Looking Durable
Court Says Licensing Agreement Does Not Bar App Maker Litigation A federal judge has rejected Apple Inc.’s interpretation of its app licensing agreement in the…
DOJ: Wage-Fixing Antitrust Civil Case Should Survive Acquittals in Criminal Case
A federal court jury in Denver returned not guilty verdicts in the government’s criminal case against DaVita Inc. and its former CEO, in which the…

Fight Over 2010 Live Nation / Ticketmaster Merger Not Over Yet
Company served with a new lawsuit amid fresh calls to unwind. When concert promoting giant Live Nation Entertainment, Inc., and ticketing giant Ticketmaster Entertainment, Inc.,…

In Price Restriction Litigation, Amazon Wins One, Loses One
Amazon.com Inc. started the month of March with two suits on opposite coasts challenging the rules it imposes on the platform’s merchants which prohibit them…

Hearing No Further Objections from the FTC, Amazon Buys MGM
Recommitted to fighting anticompetitive consolidation, the government could still challenge the deal. The Federal Trade Commission’s silence last week on Amazon’s acquisition of MGM –…

UK, EC Investigate Google / Facebook ‘Jedi Blue’ Agreement
The U.K. Competition and Markets Authority (CMA) and the European Commission have launched investigations into whether Alphabet/Google and Meta/Facebook illegally conspired to hold their dominant…

House Judiciary Committee Says Amazon Obstructed and Lied to Congress, Seeks Investigation
The House Judiciary Committee has informed Attorney General Merrick Garland of “potentially criminal conduct” on the part of Amazon and its top executives. Detailed in…

Will We See More Criminal Charges Against Monopolies?
DOJ Official’s Remarks Seen as ‘Signal’ Government Will Use Criminal Charges to Fight Illegal Monopolies Remarks made by the DOJ’s Richard Powers at a March…

Amazon-MGM: Deal Approved in Europe, Now It’s Up to the FTC
Finding “no competition concerns,” antitrust regulators at the European Commission yesterday (March 15) approved Amazon’s $8.5 billion acquisition of MGM and its collection of some…

DOJ Sues to Block UnitedHealth / Change Healthcare Deal
Data continues to play key role in fight against anticompetitive mergers. Citing its potential to abuse the health insurance claims data it would amass, and…

FTC, Rhode Island AG Move to Block New England Healthcare Merger
The Federal Trade Commission and the Rhode Island Attorney General are using both administrative measures and litigation to stop the proposed merger of Lifespan Corp.…

Google’s YouTube Draws Antitrust Fines in Russia
You know things are bad when the Russian government says you’re abusing your power, acting surreptitiously, and restricting adjacent markets. But that’s the message Moscow…

Cellular Store Charges T-Mobile With Unfair Business Practices Following Merger with Sprint
A cellular franchise owner has sued T-Mobile in U.S. District Court in Connecticut for “fraudulent, predatory, and anti-competitive conduct.” Saying it was one of the…

Nvidia and SoftBank’s Arm Call Off Vertical Merger
Facing challenges from antitrust enforcers on three continents, U.S. microchip giant Nvidia Corp. has called off its acquisition of British computer processing designer Arm Ltd.,…

FTC Sues to Torpedo Lockheed’s $4.4 Billion Aerojet Acquisition
Marking the first time in decades that it has sued to block a defense industry merger, the Federal Trade Commission on Jan. 25, 2022 filed…

Elite University Cartel Conspired to Limit Financial Aid, Students Charge in Class Action
“Privileging the wealthy and disadvantaging the financially needy are ‘inextricably linked.’” Student recipients of need-based financial aid brought a class action against 16 elite…

EC Fines Banks Over Currency Trading Cartel
The European Commission has fined UBS, Barclays, RBS, HSBC and Credit Suisse €344 million ($390 million) for participating in a Foreign Exchange spot-trading cartel. UBS,…

Partner Jennifer Oliver Selected by The National Law Review as 2021 Go To Thought Leader
We are proud to announce that Partner Jennifer Oliver has been selected by The National Law Review as a 2021 Go To Thought Leader in…

MoginRubin Year in Review – 2021
We would like to thank our friends, colleagues, and wonderful Team for another incredible year. As the pandemic continued to impact businesses, MoginRubin remained committed…

Partner Dan Mogin Quoted in FTCWatch
Partner Daniel Mogin was quoted today in an FTCWatch article titled, “As FTC examines supply chain woes, don’t expect much action,” addressing his thoughts on…

MoginRubin LLP Selected as FINALIST for 2022 Legalweek Leaders in Tech Awards for Innovations in Diversity and Inclusion
MoginRubin is honored to be selected as a FINALIST for the 2022 Legalweek Leaders in Tech Awards in the category: Innovations in Diversity and Inclusion.…
Democrats Seek Investigation of $43M Discovery, WarnerMedia Merger
Thirty-three U.S. representatives and senators, all Democrats, have asked the Department of Justice to investigate the proposed merger of two media giants, Discovery Inc. and…

Partner Daniel Mogin Named “Top Antitrust Lawyer of 2021” by the L.A. Daily Journal
We are proud to announce that Daniel Mogin, our Managing Partner, has been selected to the Top Antitrust Lawyers of 2021 list by the L.A.…

Partner Jennifer Oliver Selected as a FINALIST in SDBJ Leaders in Law Awards 2021
We are proud to announce that MoginRubin Partner Jennifer Oliver has been selected as a Finalist by the San Diego Business Journal for their 2021…

Partner Jennifer Oliver Presenting at ABA Webinar “CCPA Thus Far: Enforcement” on October 19, 2021
On October 19th, Partner Jennifer Oliver will be presenting at the American Bar Association’s webinar, “CCPA Thus Far: Enforcement.” Join Ms. Oliver and Jeewon Serrato,…

FTC Withdraws Vertical Merger Guidelines as “Unsupported by Law and Reality”
The Federal Trade Commission has withdrawn its 2020 Vertical Merger Guidelines and accompanying commentary to “prevent industry and judicial reliance on unsound economic theories” that…

Partner Jennifer Oliver Will be Panelist at Upcoming NetDiligence Cyber Risk Summit
Partner Jennifer Oliver will be presenting at the NetDiligence® Cyber Risk Summit in Santa Monica, CA on October 5th regarding Data Privacy Enforcement. Learn more and register…

Partner Jennifer Oliver Quoted in Daily Journal Article, “Small deals let big tech evade antitrust scrutiny, FTC says”
Partner Jennifer Oliver was quoted today in the Daily Journal, regarding the loopholes in the current merger laws, and how they could potentially mask monopolies.…

Partner Jonathan Rubin Will Be Keynote Speaker at Upcoming NAC Convention in Las Vegas
MoginRubin Partner Jonathan Rubin will be a Keynote speaker at the upcoming National ATM Council (NAC) Convention. The three day live and in-person event will…

Partner Jonathan Rubin Quoted in the New York Times Following Recent Order Regarding Apple’s Anticompetitive Conduct
Partner Jonathan L. Rubin was quoted in the The New York Times’ coverage of Judge Gonzalez’s recent order following the bench trial where she dismissed…

Executive Reminder: Do Not Forget Your HSR Reporting Requirements
The Hart-Scott-Rodino Act requires companies and individuals to report large transactions so the government has time (30 days, or more these days) to investigate any…

Global Antitrust: German Court Explains Why Booking.com’s “Narrow Price Parity Clauses” Was Illegal
Germany’s Federal Court of Justice has explained its determination that the so-called “narrow price parity clauses” used by Booking.com until February 2016 violated competition law.…

Global Antitrust: Germany’s Condor Airline Says Lufthansa Wants to Eliminate Transatlantic Competition
German-based leisure airline company, Condor Flugdienst, says competitor Eurowings Discover, Deutsche Lufthansa’s leisure unit, seeks to use “code sharing” agreements with its sister companies as…

Global Antitrust: China Promises (and Demonstrates) Crackdown on Anticompetitive Behavior in Tech Sector
China’s State Administration for Market Regulation continues its antitrust campaign against the tech industry. CNN reported on Aug. 17 that the agency’s proposed new rules…

Global Antitrust: EC Flags Illumina for Proceeding With Purchase of Cancer Test Company Despite Investigation
The European Commission is investigating whether Illumina’s decision to complete its acquisition of cancer test manufacturer Grail — despite the Commission’s ongoing investigation into any anticompetitive effects of the deal — breaches the “standstill obligation” under Article 7…

Partner Dan Mogin Chosen as Lawyer of the Year 2022 for Best Lawyers
MoginRubin LLP is proud to announce that Managing Partner Dan Mogin was chosen as a Best Lawyer for the 28thEdition of The Best Lawyers in…

Partner Jonathan Rubin Quoted in Global Competition Review Following Disappointing JPML Decision
Partner Jonathan L. Rubin was quoted in Global Competition Review following the recent disappointing #JPML ruling to consolidate all of the digital ad cases against #Google to a federal New…

Leaf Brands Has Asked the FTC to Investigate Anticompetitive Conduct by Mondelez Inc., the Maker of Oreos
LeafBrands, maker of the original sandwich cookie, Hydrox, represented by MoginRubin LLP, has asked the FTC to investigate the anticompetitive conduct by Mondelez Inc., maker…

MoginRubin LLP Has Secured Class Certification on Behalf of Independent ATM Operators, Non-Bank Affiliated ATM Operators, and the National ATM Council
“Today’s ruling marks a significant step toward loosening the grip of Visa and Mastercard on the market for ATM network services and promises to benefit…

Partner Jonathan Rubin Quoted in Law 360 Regarding 9th Circuit Panel’s Recent Decision in Tuna Price-Fixing Case
On Tuesday, the Ninth Circuit U.S. Court of Appeals 2-1 decision that would have made it more difficult for antitrust claimants to secure class certification…

Partner Jennifer Oliver Named “Top 40 Under 40” by the Daily Journal
We are proud to announce that Partner Jennifer Oliver was selected by the Daily Journal as a “Top 40 Under 40” attorney for 2021. This…

Partner Dan Mogin Selected as “Lawyer of the Year 2021” by the American Institute of Legal Professionals
We are proud to announce that Managing Partner Daniel Mogin has been selected as a “Lawyer of the Year 2021” for his accomplishments and excellence…

MoginRubin Featured in National Law Review’s Legal Industry News Column
MoginRubin LLP is honored to be included in the most recent edition of the National Law Review’s legal industry news column. MoginRubin is highlighted for…

Partner Jonathan Rubin Quoted in Law360 regarding case against Facebook
MoginRubin LLP Partner Jonathan Rubin was quoted in a recent Law360 article, “FTC’s Facebook Case Down, But Not Out, After Dismissal.” Click here to read…

Partner Jennifer Oliver Selected to The American Lawyer’s list of 2021 West Trailblazers
MoginRubin LLP is proud to announce that Partner Jennifer Oliver was selected to The American Lawyer’s inaugural list of 2021 West Trailblazers. The list was…

MoginRubin’s Jennifer Oliver and Joy Sidhwa recognized as Women of Influence in Law by San Diego Business Journal
Please join MoginRubin as we congratulate Partner Jennifer Oliver and Senior Counsel Joy Sidhwa for being recognized as Women of Influence in Law by San…

Partner Jennifer Oliver Featured in LCSD May 2021 Newsletter
MoginRubin partner Jennifer Oliver wrote a piece for the Lawyer’s Club of San Diego’s May 2021 newsletter regarding the virtual International Women’s Day Luncheon which…

Verizon Selling Yahoo and AOL for $5 Billion
Unable to compete with Google and Facebook, Verizon is selling Verizon Media — made up of Yahoo, AOL, advertising technology, and other media platform assets…

MoginRubin Helps Bertram Capital Inc. and FCG Acquisitions Seal Deal with KKR & Co, Inc.
MoginRubin LLP assisted private equity firm Bertram Capital Management LLC with the antitrust clearance of the sale of FCG Acquisitions Inc. to KKR & Co,…

Partners Dan Mogin and Jonathan Rubin Published in Law360
MoginRubin partners Daniel Mogin and Jonathan Rubin co-wrote an article, The 9th Circ.s’ Antitrust Class Action Mistake On ‘De Minimus’, which was published today in…

Law360 covers hearing before U.S. Judicial Panel of MoginRubin’s privacy case against Dickey’s Barbecue Restaurants Inc.
On January 28, 2021, MoginRubin’s Jennifer Oliver argued in front a panel of Federal Judges in Washington D.C. as counsel for a proposed nationwide class…

European Commission Examining Aon’s Acquisition of Willis Towers Watson
The European Commission announced Dec. 21 that it is investigating Aon’s proposed acquisition of Willis Towers Watson, a deal that would combine two leading providers…

CLA Privacy Law Review – What You Need to Know, by Partner Jennifer Oliver
Congratulations to Partner Jennifer Oliver who was appointed to the Executive Committee of the California Lawyers Association’s Privacy Law Section, and co-authored a piece about…

Partner Jennifer Oliver Appointed to Executive Committee for the California Lawyers Association
MoginRubin is proud to announce that Partner Jennifer Oliver has been appointed to serve on the Privacy Section’s inaugural Executive Committee for the California Lawyers…

MoginRubin LLP Named “Best Law Firm 2021” by U.S. News and Best Lawyers
MoginRubin LLP has been selected as a Best Law Firm in the 2021 Edition of the U.S. News and Best Lawyers “Best Law Firms” publication. The selection process for…

DOJ: Visa / Plaid Deal Would be Bad for Online Debit Market and Consumers
Government Sues to Block Deal Intended to Erase Disruptor Referring to Visa Inc. as a monopolist in the online debit services industry, the Department of…

Register Now for a CLE Webinar, “The Antitrust Case Against Google”on Tuesday, November 10, 2020
Register now for a CLE-eligible webinar, “The Antitrust Case Against Google,” presented by HB Litigation Conferences and an all-star lineup of speakers, including MoginRubin Partners…

MoginRubin Attorneys to Speak on U.S. vs. Google
Webinar: The Antitrust Case Against Google Tuesday, Nov. 10, 2020 at 9PT | 10MT | 11CT | 12ET. Complimentary and eligible for CLE. Featuring…

Telecommunications: DOJ Allows AT&T to Sell Off Caribbean Operations
The Department of Justice is requiring Liberty Latin America Ltd., its subsidiary, Liberty Communications of Puerto Rico LLC, and AT&T Inc. to divest certain fiber-based…

Private Equity: Platforms Seek Quick Merger Approval in the U.K.
Two popular crowdfunding platforms, Crowdcube and Seedrs, have asked the U.K. competition authority to fast track their merger designed to create “the world’s largest private…

Healthcare: Anticompetitive Tying Class Action Moves Forward Against Sutter Health
Indirect purchasers of health insurance will proceed as a class against Sutter Health for alleged anticompetitive conduct which plaintiffs maintain illegally tied health plans to…

Pharma: Consumer Groups, States Support Reviving Generic Drugs Antitrust Case Against AbbVie
Pro-consumer organizations — Consumer Action and U.S. Public Interest Research Group — and 20 states have filed amici curiae briefs with the Seventh Circuit U.S.…

Partner Jonathan Rubin Was a Speaker at the NAC2020-VIRTUAL Conference & Expo Today
MoginRubin Partner Jonathan L. Rubin was a speaker at today’s NAC2020-VIRTUAL Conference & Expo, where he gave a status update in the pending antitrust class action…

Pistacchio vs. Apple: iPhone Gamers Claim Anticompetitive Behavior in Subscription Game Market
Apple iPhone gamer John Pistacchio filed a proposed class action against Apple, Inc. on behalf of purchasers of “Apple Arcade,” a subscription mobile gaming service…

TikTok Gets Reprieve from Trump Ban, Nears Deal with Oracle, Walmart
Now that TikTok has more time to keep its U.S. operation alive – thanks to a federal court order enjoining the Trump administration’s effort to…
MoginRubin Remains Among Most Influential U.S. Antitrust Law Firms
MoginRubin LLP remains one of the leading law firms for antitrust matters in the US. Since inception, the firm has litigated several cases successfully resulting…

Partner Jennifer Oliver Selected as 2020 Elite Boutique Trailblazer by National Law Journal
MoginRubin is proud to announce that Partner Jennifer Oliver has been selected by the National Law Journal as a 2020 Elite Boutique Trailblazer. NLJ was…

DOJ Requires Divestiture of Hawaiian Brewer Before Anheuser Can Buy Craft Brew
The Justice Department Antitrust Division will approve a major acquisition in the beer industry, but only if one of the merging company’s divests its holdings…

House Bill Would Allow College Athletes to Capitalize on Their Fame
A group of U.S. House Democrats and Republicans have introduced the “Student Athlete Level Playing Field Act” which would add momentum to the current movement…

Nvidia’s Acquiring UK Chip Designer for $40 Billion
In a move that Reuters said will “reshape the global semiconductor landscape,” Nvidia Corp. is purchasing Arm of the U.K. from SoftBank Group Corp. of…